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TYJUAN BROWN v. ESTATE OF JAMES HARVEY FOIT, et al.

This lead paint case involves two potential sources of lead exposure to appellant Tyjuan Brown: 1019 North Appleton Street (“1019 Appleton”), which tested positive for lead and 2006 Boyd Street (“2006 Boyd”), which was never tested for lead and has since been destroyed. It is not disputed that appellant was exposed to lead-based paint and suffered physical injuries as a result. This appeal asks us to answer the question of whether in the absence of direct evidence enough circumstantial evidence was presented by appellant regarding negligence at 2006 Boyd to raise a jury question and survive summary judgment.

Read the unreported opinion.